Fill and Sign the Wpf Ps 130100 Petition for Challenge to Acknowledgment of Paternity Washington Form

Superior Court of Washington, County of In re parentage: Petitioner (person who started this case) : And Respondents (other people who signed the Acknowledgment or Denial; other alleged parents (if any) ) : Children over age 2: No. Petition to Challenge Paternity Acknowledgment and/or Denial of Paternity (PTCP) Petition to Challenge Paternity Acknowledgment and/or Denial of Paternity 1. I ask the court to invalidate the: Paternity Acknowledgment Denial of Paternity that I signed about (child’s name): , who was born on (date): . I also ask the court to decide who the child’s legal parents are. I am filing a copy of the Paternity Acknowledgment and/or Denial of Paternity with this Petition under a sealed cover sheet (form FL Parentage 329). Important! If a Paternity Acknowledgment is invalidated, any related Denial of Paternity is cancelled. If a Denial of Paternity is invalidated, the related Paternity Acknowledgment is cancelled. RCW 26.26.335, 340 Mandatory Form (07/2017) FL Parentage 345 Petition to Challenge Paternity Acknowledgment and/or Denial p. 1 of 10 2. Parties to this case Check one for each party: I am the: Respondent (name) is the: Other Respondent (if any) (name) is the: Other Respondent (if any) (name) is the: Birth Mother Acknowledged Father (man who signed the Paternity Acknowledgment ) Presumed Parent (if any) (person who signed the Denial of Paternity ) Alleged Parent (if any) (person who may be a genetic parent, but did not sign an Acknowledgment or Denial ) Check here if there are more Respondents (other alleged parents) (name/s): Check here if the child is age 2 or older. S/he must be a party to this case. (The court must appoint a Guardian ad Litem for any child who is a party.) 3. Correct County (Venue) This is the correct county for this case to be heard because this is where:  the child lives,  a Respondent lives, if the child lives outside Washington, or  a deceased Respondent’s estate is probated. The child lives in (county): , (state): . The Respondent (name): lives in (county): , (state): . The other Respondent (if any) (name): lives in (county): , (state): . The other Respondent (if any) (name): lives in (county): , (state): . 4. Personal Jurisdiction The court can decide this case for the Birth Mother , Acknowledged Father and Presumed Parent (if any) because they each agreed to personal jurisdiction in Washington by signing a Paternity Acknowledgment or Denial of Paternity that was filed with the State Registrar of Vital Statistics on (date): RCW 26.26.335, 340 Mandatory Form (07/2017) FL Parentage 345 Petition to Challenge Paternity Acknowledgment and/or Denial p. 2 of 10 . Alleged Parent – (Respondent’s name): is an Alleged Parent. S/he did not sign a Paternity Acknowledgment or Denial . A Washington state court has personal jurisdiction (authority to make decisions) over this person because s/he (check all that apply): will be personally served in this state with a Summons and Petition for this case. lives in this state now. lived in this state with the child. lived in this state and paid for pregnancy costs or support for the child. did or said something that caused the child to live in this state. had sex in this state, which may have produced the child. signed an agreement to join this Petition or other document agreeing that the court can decide his or her rights in this case. other (specify): A Washington state court does not have personal jurisdiction (authority to make decisions) over this person. 5. Effective Date The Paternity Acknowledgment (and Denial , if any) became effective on (date): . This is either the date the child was born, or the date the Paternity Acknowledgment (and Denial , if any) was filed with the Washington State Registrar of Vital Statistics, whichever happened later . 6. Challenge Deadline I am starting this case before the deadline to challenge the Paternity Acknowledgment or Denial. I am filing or serving this Petition :  more than 60 days after the Effective Date listed above;  after any person who signed the Acknowledgment or Denial turned 19, if s/he was under 18 when s/he signed; and  less than four years after the Effective Date listed above. 7. Reason/s for Challenge The Paternity Acknowledgment or Denial was signed because of (check all that apply): fraud. duress (pressure or force). material mistake of fact. (Describe the fraud, duress, or mistake): RCW 26.26.335, 340 Mandatory Form (07/2017) FL Parentage 345 Petition to Challenge Paternity Acknowledgment and/or Denial p. 3 of 10Warning! If it has been more than four years from the Effective Date listed above, it is too late to file this Petition. If it has been less than 60 days, or if you are still under 19 and signed as a minor, you must file a Petition to Withdraw (Rescind) the Paternity Acknowledgment or Denial instead of this Petition. 8. Sexual assault Does not apply. Petitioner alleges that (children’s names) : were born as a result of a sexual assault by (name): . See the Sexual Assault Allegation , filed separately. Important! File and serve the Sexual Assault Allegation (FL Parentage 365) together with this Petition. 9. Genetic Tests I ask the court to order genetic paternity testing and to appoint a Guardian ad Litem (GAL) for the child to represent his/her interests. I am not asking the court to order genetic paternity testing. Genetic paternity testing has already been done with the agreement of the birth mother, Acknowledged Father and Presumed Parent (if any). The test results show (describe): . 10. Child’s name change No request. I ask the court to change the child’s name to: . 11. Child’s Home/s During the past 5 years has the child lived:  on an Indian reservation,  outside Washington state,  in a foreign country, or  with anyone who is not a party to this case? No . (Skip to 12 .) I don’t know . (Skip to 12 .) Yes . (Fill out below to show where the child has lived during the last 5 years.) Dates Lived with In which state, Indian reservation, or foreign country From: To: Petitioner Resp. (name/s): Other (name): From: To: Petitioner Resp. (name/s): Other (name): RCW 26.26.335, 340 Mandatory Form (07/2017) FL Parentage 345 Petition to Challenge Paternity Acknowledgment and/or Denial p. 4 of 10 Dates Lived with In which state, Indian reservation, or foreign country From: To: Petitioner Resp. (name/s): Other (name): From: To: Petitioner Resp. (name/s): Other (name): From: To: Petitioner Resp. (name/s): Other (name): 12. Other people with a legal right to spend time with this child Do you know of anyone besides the Respondents who has or claims to have a legal right to spend time with this child? (Check one): No . I don’t know . Yes . (Name/s): has or claims to have a legal right to spend time with this child. 13. Other court cases involving this child Do you know of any other court cases involving this child? (Check one): No . (Skip to 14 .) I don’t know . (Skip to 14 .) Yes . (Fill out below.) Kind of case (Family Law, Criminal, Protection Order, Juvenile, Dependency, Other) County and State Case number and year 14. Jurisdiction over this child (RCW 26.27.201 – .221, .231, .261, .271) Does not apply. I am not asking the court for a Parenting Plan or Residential Schedule for the child or to decide who the child should live with most of the time. The court cannot approve a Parenting Plan or Residential Schedule for the child or decide who the child should live with most of the time because the court does not have jurisdiction over the child. RCW 26.26.335, 340 Mandatory Form (07/2017) FL Parentage 345 Petition to Challenge Paternity Acknowledgment and/or Denial p. 5 of 10 The court can approve a Parenting Plan or Residential Schedule for the child and decide who the child should live with most of the time because (check all that apply): Exclusive, continuing jurisdiction – A Washington court has already made a custody order or parenting plan for the child, and the court still has authority to make other orders for the child. Home state jurisdiction – Washington is the child’s home state because (check all that apply): The child lived in Washington with a parent or someone acting as a parent for at least the 6 months just before this case was filed, or if the child is less than 6 months old, s/he has lived in Washington with a parent or someone acting as a parent since birth. There were times the child was not in Washington in the 6 months just before this case was filed (or since birth if s/he is less than 6 months old), but those were temporary absences. The child does not live in Washington right now, but Washington was the child’s home state some time in the 6 months just before this case was filed, and a p arent or someone acting as a parent of the child still lives in Washington. The child does not have another home state. No home state or home state declined – No court of any other state (or tribe) has the jurisdiction to make decisions for the child, or a court in the child’s home state (or tribe) decided it is better to have this case in Washington and:  The child and a parent or someone acting as a parent have ties to Washington beyond just living here; and  There is a lot of information (substantial evidence) about the child’s care, protection, education and relationships in this state. Other state declined – The courts in other states (or tribes) that might be the child’s home state have refused to take this case because it is better to have this case in Washington . Temporary emergency jurisdiction – The court can make decisions for the child because the child is in this state now and were abandoned here or need emergency protection because the child (or the child’s parent, brother or sister) were abused or threatened with abuse. ( Check one): A custody case involving the child was filed in the child’s home state (name of state or tribe): . Washington should take temporary emergency jurisdiction over the child until the Petitioner can get a court order from the child’s home state (or tribe). There is no valid custody order or open custody case in the child’s home state (name of state or tribe): . If no case is filed in the child’s home state (or tribe) by the time the child has been in Washington for 6 months, (date): , Washington should have final jurisdiction over the child. Other reason (specify): 15. Parenting Plan or Residential Schedule No request. RCW 26.26.335, 340 Mandatory Form (07/2017) FL Parentage 345 Petition to Challenge Paternity Acknowledgment and/or Denial p. 6 of 10 I ask the court to approve my proposed Parenting Plan (FL All Family 140) or Residential Schedule (FL Parentage 304). 16. Child Support No request. I ask the court to end (name’s): obligation to pay child support for this child. (To suspend child support before this case is finished, a party must file a motion and show good cause.) I ask the court to order child support (including medical support) according to state law from the legal parents. 17. Protection Order Do you want the court to issue an Order for Protection as part of the final orders in this case? No. I do not want an Order for Protection Yes. (You must file a Petition for Order for Protection form DV-1.015 for domestic violence or form UHST-02.0200 for harassment. You may file your Petition for Order for Protection using the same case number assigned to this case.) Important! If you need protection now , ask the court clerk about getting a Temporary Order for Protection . There already is an Order for Protection between (name): and me. (Describe): Court that issued the order: Case number: Expiration date: 18. Restraining Order Do you want the court to issue a Restraining Order as part of the final orders in this case? No. (Skip to 19 .) Yes. Check the type of orders you want: Do not disturb – Order ( name/s ) not to disturb my peace or the peace of any child listed in 1 . Stay away – Order ( name/s ) not to go onto the grounds of or enter my home, workplace or school, and the daycare or school of any child listed in 1. Also, not knowingly to go or stay within feet of my home, workplace or school, or the daycare or school of any child listed in 1 . Do not hurt or threaten – Order ( name/s ) :  Not to assault, harass, stalk or molest me or any child listed in 1 ; and  Not to use, try to use, or threaten to use physical force against me or the children that would reasonably be expected to cause bodily injury. RCW 26.26.335, 340 Mandatory Form (07/2017) FL Parentage 345 Petition to Challenge Paternity Acknowledgment and/or Denial p. 7 of 10 Warning! If the court makes this order, the court must consider if weapons restrictions are required by state law; federal law may also prohibit the Restrained Person from possessing firearms or ammunition. Prohibit weapons and order surrender – Order ( name/s ) :  Not to possess or obtain any firearms, other dangerous weapons, or concealed pistol license until the Order ends, and  To surrender any firearms, other dangerous weapons, and any concealed pistol license that he/she possesses t o (check one): t he police chief or sheriff. h is/her lawyer. other person (name): . Other restraining orders: Important! If you want a restraining order now , you must file a Motion for Temporary Family Law Order and Restraining Order (form FL Parentage 323) or a Motion for Immediate Restraining Order (Ex Parte) (form FL Parentage 321). 19. Summary of Requests I ask the court to (check all that apply): Acknowledgment / Denial of Paternity Invalidate the Paternity Acknowledgment (and cancel any related Denial of Paternity ). Invalidate the Denial of Paternity (and cancel the related Paternity Acknowledgment ). Decide Parentage Order genetic testing of all possible parents listed in this Petition and decide who the legal parents are based on the results. Declare that (name): is the legal parent of this child. Declare that (name): is not the legal parent of this child and owes no further duty of support to the child or to any person or state on behalf of the child. Change the children’s birth certificates to list the parents as requested above and to change the children’s names if requested above. Sexual Assault See the requests listed in the Sexual Assault Allegation (FL Parentage 365) filed separately. Parenting Plan / Residential Schedule Approve my proposed Parenting Plan or Residential Schedule . Child Support End (name’s): obligation to pay child support for the child. Approve a Child Support Order Protection / Restraining Order RCW 26.26.335, 340 Mandatory Form (07/2017) FL Parentage 345 Petition to Challenge Paternity Acknowledgment and/or Denial p. 8 of 10 Approve an Order for Protection Approve a Restraining Order Fees and costs Order who should pay for court costs, genetic testing, guardian ad litem, lawyer fees, and other reasonable fees. Other Other (specify): Petitioner fills out below: I declare under penalty of perjury under the laws of the state of Washington that the facts I have provided on this form are true. Signed at (city and state): Date: Petitioner signs here Print name Petitioner’s lawyer (if any) fills out below: Petitioner’s lawyer signs here Print name and WSBA No. Date Respondent fills out below if s/he agrees to join this Petition: I, (name): , agree to join this Petition . I understand that if I fill out and sign below, the court may approve the requests listed in this Petition unless I file and serve a Response before the court signs final orders. (Check one): I do not need to be notified about the court’s hearings or decisions in this case. I ask the Petitioner to notify me about any hearings in this case. (List an address where you agree to accept legal documents. This may be a lawyer’s address or any other address.) address city state zip (If this address changes before the case ends, you must notify all parties and the court in writing. You may use the Notice of Address Change form (FL All Family 120). You must also update your Confidential Information Form (FL All Family 001 ) .) Respondent signs here Print name Date Other Respondent fills out below if s/he agrees to join this Petition: RCW 26.26.335, 340 Mandatory Form (07/2017) FL Parentage 345 Petition to Challenge Paternity Acknowledgment and/or Denial p. 9 of 10 I, (name): , agree to join this Petition . I understand that if I fill out and sign below, the court may approve the requests listed in this Petition unless I file and serve a Response before the court signs final orders. (Check one): I do not need to be notified about the court’s hearings or decisions in this case. I ask the Petitioner to notify me about any hearings in this case. (List an address where you agree to accept legal documents. This may be a lawyer’s address or any other address.) address city state zip (If this address changes before the case ends, you must notify all parties and the court clerk in writing. You may use the Notice of Address Change form (FL All Family 120). You must also update your Confidential Information Form (FL All Family 001 ) .) Other Respondent signs here Print name Date RCW 26.26.335, 340 Mandatory Form (07/2017) FL Parentage 345 Petition to Challenge Paternity Acknowledgment and/or Denial p. 10 of 10